Personal injury has been extensively misunderstood, often leading to confusion and other unfortunate consequences for victims in their pursuit of justice.
The genesis of these misconceptions could be due to word-of-mouth, the media, and even friends or family acting in good faith.
Here are the seven most common myths of personal injury law explained to assist victims, lawyers, and insurance adjusters in processing their claims.
Only Severe Injuries Like Paraplegia Warrant a Claim
Many people believe that you should make a claim only for major life-threatening injuries, such as paralysis or severe brain trauma. However, personal injury law applies to many types of injuries.
Even what you might think is a minor injury could mean long-term complications for victims or significant bills down the line. Seek legal advice from a Paraplegia Injury Lawyer in Chicago to understand your rights and the compensation you might qualify for on any level of injury.
Hiring a Lawyer is Too Expensive
One of the common reasons people refrain from filing claims is due to the misguided belief that seeking legal representation is likely to cripple them financially. However, most personal injury lawyers work on a contingency fee basis, receiving payment only if the client is victorious in the case.
This method allows legal assistance even for those who could be more economically sound. Moreover, lawyers can usually negotiate for settlements that are more than the insurance companies may offer initially.
The Insurance Company Will Give Me a Fair Offer
Insurance companies are primarily profit-driven businesses whose primary concern is decreasing their outflows. Many victims assume that since the insurance company has sent out an adjuster, that adjuster will treat them fairly. Initial offers are often relatively low when an insurance company gets involved.
Adjusters try to downplay injuries, question the need for treatment, or set lower compensation. Having a personal injury attorney ensures you have someone who knows the actual value of your claim and can fight for a decent settlement.
I Can Wait to File My Claim
There are statutes of limitations in place that determine how long one can wait before filing a personal injury claim. Waiting too long can preclude recovery and cause the loss of a case altogether.
Over time, other evidence, such as eyewitness accounts, evidence of the accident site, or medical records, could be compromised or destroyed. It’s in your best interest to preserve evidence, enabling you to make your best case for settlement if physical evidence remains untouched.
If I Was Partially at Fault, I Can’t Recover Damages
Quite frequently, deciding the blame in personal injury cases can be complicated. For instance, a car accident might involve both parties making minor errors. Some victims make the mistake of not filing a claim because they erroneously believe that they could not bring suit if they were at all partly at fault in the accident.
Most states follow the rule of comparative negligence, which allows recovery of damages when the victim is partially at fault.
However, the amount that can be recovered will be reduced in proportion to the victim’s share of liability. If tort victims understand their state’s comparative negligence laws, they may avoid unnecessarily avoiding compensation.
A Claim Will Go Straight to Trial
The specter of a courtroom struggle commonly deters people from filing a personal injury claim. However, most cases settle out of court. Only when parties cannot reach an amicable out-of-court settlement are cases usually turned into a trial.
In most claims, the attorney negotiates a fair settlement with the insurance. Knowing that filing a claim does not guarantee going to trial eases the anxiety that stops so many from seeking the compensation they are entitled to.
Personal Injury Claims Are Only About Money
While compensation is a crucial goal, there are other reasons behind personal injury claims.
For most victims, a claim provides accountability, mainly where negligence occurs. Compensation covers medical expenses, lost wages, and future care costs. The victim can focus on recovery instead of the burden of mounting financial stress.
Claims often usher in safety improvements, encouraging organizations and individuals to take preventive measures to deter future accidents.
Endnote
Personal injury law can seem intimidating, but understanding the reality behind common myths makes it easier to navigate.
Clearing up these misconceptions can help you to make informed decisions about your rights. It will ensure that justice and fair compensation are within reach.
